for making a sketch a claim. they are now paying out $40 million settlement. accused of making false promises at their popular shape up shoes. all you had to do was walk and you could lose weight and tone your muscles. who would have thought that is not true. bill: be sure to get a cold pine at the end of the day. "happening now" starts now. jon: a fox news alert on three breaking stories we're watching right now. men accused of kidnapping three women and holding them hostage for a decade is back in court. ariel castro being arraigned on several hundred new charges. on capitol hill, or government surveillance program under the microscope. lawmakers looking into if snooping has gone too far. also, house republicans take on obamacare, a vote to delay key parts of the health care law.

we will keep an eye on all of them for you. first, brand-new stories and breaking news. jenna: jenny mccarthy joining "the view." why some are calling it a very controversial choice. plus, panel selected in the fort hood murder case. he prepares to defend himself. and the leader of one of the most dangerous drug cartels, what does it mean now? it is all "happening now." but first, waiting for new action on capitol hill today. with the intention to delay implementation of two key provisions of obamacare. jon: as early as this afternoon republican-controlled house could vote on bills that pose

employer mandates. by law each mandate respectively requires businesses to buy health insurance or face all these. just an hour ago the health subcommittee on the powerful ways and means committee in the house started hearing about the employer mandate. today new york governors said people buying health insurance this state will see cost of premiums plummets next year as obamacare takes effect. chief washington correspondent's live in the nation's capital. not all republicans are thrilled with the schedule of the votes on the house floor, why? >> they have argued voting to delay a provision of the law sends the wrong message. endorsement of obamacare. let's take you live to room with

her testifying the top treasury official who has spent his first hour in the witness chair defending the obama administration's position earlier this month to delay by one year the mandate employers provide health care insurance under the obamacare law. the democrats have news on why the g.o.p. is so opposed to a delay branded in part to respond from business owners. the chairman of the health subcommittee has responded by trying to go to the administration one further. >> in the government mandate to buy insurance is postponed for businesses labor unions out of fairness, shouldn't it be the postpones to families as well? while so just an will be ready and all for one, stunning delay in important mandate: that into question. >> republicans outside of the impact of these delays and

revenue collection. jon: isn't this a second hearing by house ways and means panel on the subject? >> it is. jon: the white house has really come out swinging against it. >> that is right. this delay will only affect about 4% of all employers in the country with more than 50 workers. the secretary of health and human services has previously testified obamacare was rolling out on schedule, despite the kinks, jay carney has challenged republicans to sketch out what may lie beyond the back-to-back votes. >> when you saw the members who support the repeal and invitation not just of the employer mandate but the individual responsibility provision, they have no answer what would happen if it were to take place. one out of two americans can have the people in this room

have a pre-existing condition. republican answer to that, tough luck. >> we expect it to wrap up shortly before 6:00 p.m. eastern time. that happened that would be fortuitous because there would be a resolution to the vote just before a report on this. at 6:00 eastern. i know we're all pulling for that. jon: good for you. james rosen. they had to tune into special report to find out what happens. the news out of florida. the shooting death of trayvon martin, attorney general eric holder is taking aim at stand your ground laws calling into question your right in self-defense. live where he made an

appearance. what did he have to say about the zimmerman case? >> the attorney general says the justice department still has an open investigation into the death of 17-year-old trayvon martin. the doj will consider all available information before determining what action to take. he also criticized stand your ground laws in florida and other states live person who feels threatened to use lethal force without first having to escape. >> it is time to question laws that since they expand the concept of self-defense and more in our neighborhoods. >> in response to holder's comments, the nra issued this statement. the attorney general fails to understand self-defense is not a concept, it is a fundamental human right.

the statement goes on to accuse the obama administration of using tragedy to forward its agenda. jenna: now we have heard from the jurors as well recently releasing this statement, what do they have to say? >> four of the six jurors rendering a not guilty verdict on saturday issued a written statement, this in respond to the juror b37, whose name remains withheld appeared on anderson cooper's show earlier in the week that she believed trayvon martin played a role in his own death. use for other jurors released a statement saying the opinion of juror b37 expressed on anderson cooper show were her own and not anywheranyway verb sensitive ofe jurors listed below.

in the end we did with the law required us to do. finally, they asked for privacy saying they needed time to deal with all the emotions and everything they had to undergo while deliberating during this trial. jenna: to go through that trial and then come out and see what actually has become of the case, it must be a unique experience. thank you very much. >> certainly. jon: the death of trayvon martin has become a polarizing issue. a new guest with the headline can't we all just move on when it comes to race. move on in what way, charlie? >> i think move on in the way the vast majority of americans have. i don't think that race relations are not a problem for the vast majority of people in their work environment at school

were walking down the street, we have advanced to a level we haven't seen in many, many years. the political class, they see a situation like this and they can't help to inject race into it. in the case, i would argue, president obama, he does it for political gain. for him to look at this tragic situation where a 17-year-old unarmed kid is dead and looks at the situation over a year ago and decided to inject race into it by saying if i had a son, he would look like me. what does that mean? he is injecting race into it. it is so interesting as a vast majority of americans have moved on pass all of this you still have the political class and

these race profiteers. the media is obsessed with race, obsessed with dividing people. jon: and others those who cannot let it stand. one today the said as the martin family continues to mourn the death of their son, we see firsthand how detrimental racial profiling is and how unjust the application of our laws can be. there wasn't any testimony in court this was racial profiling or the jury did not find it that way. >> we have federal laws in place that literally profile voters as it is. the whole voting rights act is designed to section off voters

based on their race. that is the way politics look at this. they are all very happy to play this game. the reason is because it benefits all of them. i would argue among democrats may love to play up these issues in the reason is because the voters have overwhelmingly been democratic supporters and as long as they are going of this kind of controversy and injecting race into what is just a tragic, terrible situation, the death of a 17-year-old kid as long as they are injecting race into it, they can be sure they will goose up the numbers of people that come out and vote. jon: eric holder had some comments on that. he will talk about his concerns with judge andrew napolitano later on in our program. charlie, thank you.

jenna: right now we are less than three weeks away from the court martial in the fort hood murdered case. accusing the 2009 mass shooting will be representing himself. >> finally looks like we are at the start after a series of delays august 6 is now the day those are set to begin. the army major facing 13 counts of premeditated murder at 32 counts of attempted to meditative murder in the 2009 shooting at fort hood in texas. yesterday a panel, similar to a jury was chosen to decide the case on that panel. nine kernels, through the tent kernels and one major. two of those reported he told the military courts they had doubts about imposing the death penalty should hasan be convicted. hasan has admitted to the shootings and is defending

himself and his upcoming court-martial. he has said he carried out the attacks in revenge for the killing of taliban leaders in afghanistan. jenna: we will watch the story for sure. thank you very much. much more on our show today. judge andrew napolitano will be joining us at the bottom of the hour. jon: the shipwreck off italy's coasxhosa claim 32 lives, now te captain of the costa concordia is on the hooks vast disaster. he has request for the judge. plus, jenny mccarthy named the new cohost of "the view." white is stirring up concerns. next.

jon: new info on international stories we're watching. the only defendant on trial in the costa concordia boat is trying to make a plea bargain. the cap's lawyer hopes the judge will end plea guilty in exchange for a three-year, five-month sentence. he faces up to 20 years for causing the wreck that claim 32 lives. violent protests raking out in eastern india after at least 20 children died. many others got sick after eating a preschool lunch tainted by a heavy dose of insecticide. and the whole world is watching for the birth of a royal baby. expected to arrive any moment now. the new prince or princess will be third in line for the throne. speaking informatiojenna: sparky

on "the view." barbara walters announcing who will be filling her spot. >> she has made 17 appearances on "the view," guest cohosted its times, and we love her because she is uninhibited, opinionated enough to help us with the latest chapter in "the view" history. i'm delighted to announce our newest cohost is jenny mccarthy. jenna: and that brought some controversy. howard, let's be real. if you're a media analyst like yourself, controversial figures are nothing new. but there is something different about jenny mccarthy that has come up that really has received a lot of attention. why are people so concerned about this move? >> jenny mccarthy is funny,

but she has been getting pummeled because she is a leading crusader for the discredited theory childhood vaccinations cause autism. i'm sure she is sincere in that, but medical study of medical study said a recent study in the journal of pediatrics, many moms watch the view. it does have an effect. the scare stories about vaccines have had an impact on some parents deciding to lay he or nt to vaccinate their children at all. jenna: abc, this is not the first rodeo. must have thought of this and some strategic way. >> abc's comment on this controversy has been zero, in some ways hanging jenny mccarthy out to dry. figuring all this controversy will lead to a greater tune.

but there's no way on earth the lawyers have considered it jenny mccarthy should talk about all of this or whether it will be a topic for the much off of this. jenna: we have not seen her host yet, so we can give her the benefit of the doubt. i am just curious in your years of watching the media field, what are your thoughts on this? >> it is a problem for "the view," which does a lot of politics. this is not like somebody being too opinionated person with a stock like their style, or something like that. hassle back was the only conservative on the panel so rather than balance it out for somebody else who leans right, abc said that only joining jenny mccarthy, the discussions are more interesting when you have somebody with different views going up against whoopi goldberg and the gang. they bring so much back in terms of pushing this theory.

jenna: great to see you as always, thank you. jon: controversy is always good for ratings, isn't it? they got away with a big hall. how long it took the bandits to get away with more than $100,000 worth of bling. also, at the panama canal. given military equipment seized hidden under a cargo of sugar on a north korean vessel. wait until you hear how the cubans are responding now. in reaction to the international incident from former u.s. ambassador to the united nations john bolton.

jon: the numbers are so staggering they seem almost unbelievable. accused kidnapper pleads not guilty to a 907 count indictment. 512 counts of kidnapping, 446 counts of rape among other charges, he has pleaded not guilty. in the courtroom, he might have seen it before, usually keeps his head down, the judge told him to lift his head and speak clearly, he apparently had to be told to remind to do that several times.

jenna: panama intercepted this shipment as the ship headed to three panama canal. cuba claims the weapons parts are obsolete. are they? that is just one question servicing today. what is says about our enemies maybe all the more important, or so says investor john bolton. who doesn't hide a few weapon parts and sugar every now and then, right? they are obsolete. what do you make of that? >> the first cover was hiding it under all those bags of sugar. the panamanians seized it, given to us by what is the proliferation security initiative, which was set up about 10 years ago in the bush

administration, so it is a good example of how you can work with other countries to stop this illicit trafficking. but when you hear the cubans admit it is all the weapons parts tending to north korea for repair, leads me to think that is their second cover story. often times we are first cover story is blown, you have a second cover story that admits to the reality. there is more to learn. and in any event it shows there's ongoing between the likes of rogue states like cuba and north korea, probably iran and others. jenna: how often do you think this is happening? >> more often than you think. they turned off their transponders, the beacon that allows people to know where it is used for emergencies.

when you turn it off it enhances the prospects for smuggling and traveling in international waters detected. there's a lot of that going on with the tankers in violation of u.s. and u.n. sanctions and a whole range of other smuggling operations as well. jenna: what do you think big picture they are up to? >> i think there is a common technology here of soviet era the planes stud missile technology whether this is going to north korea for their use or whatever the story is. i don't believe cuba ships parts to north korea to be repaired and shipped back. to be easier to bring north koreans to cuba to fix it there. that is why a suspect there is a lot to learn here. it shows there is unfortunately an effective black-market commerce that has developed among the rogue states outputting matters of weapons

undoubtably money-laundering and shipment of other sensitive materials as well. jenna: we understand this is a violation, but what is the consequence? >> i think with respect to the cubans, anybody who things we off to lift the embargo should think again. the notion that we are going to negotiate with the north out of the program to me is dead on arrival, this is a dangerous regime and one that we ought to be working harder with china and others frankly to change to bring down the korean peninsula's. otherwise we will see this kind of activity extend out infinitely. jenna: probably happening more often than we speak. grace to have you as always, thank you.

jon: the name is still in the news, george zimmerman acquitted of all charges in the trayvon martin shipping. could he face a federal trial, and how could florida stand your ground statute be affected? plus, we know who will serve on the panel deciding the outcome of the fort hood murdered case. cap next, judge andrew napolitano addresses both of those issues. here comes the judge. hey! did you know that honey nut cheerios

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advanced home management here today. adt. always there. jon: a panel, the court-martial equivalent of a jury selected in the deadly fort hood shooting case. 13 people were killed as you know back in 2009. that is when short authorities say major nidal hasan opened fire at the texas army base. a former psychiatrist said he earlier did it in defense of taliban leaders. hasan is defending himself in the court-martial set to begin august 6th. judge andrew napolitano, fox news senior judicial analyst joins us with more on that. you supervised trials which the defendant was defending himself. that is not easy. >> in plain english, it's a nightmare. it is really the judge's nightmare. i'll tell you why. you can not in the presence of the jury perceived as helping the defendant. on the other hand you have to make sure that the trial is basically fair. if the defendant is missing an

opportunity to do something, the failure to do which might invalidate a conviction and you end up trying it all over again, you have to nudge the defendant. so you have to be very, very gentle. you will basically put the jury out of the courtroom a lot. major nidal you have to ask the question this way. are you forgetting this document? i want you to talk to shadow counsel, a fancy phrase i will name for the lawyer next to you that you just fired. jon: this could take a lot of time? a lot of panel in, panel out? >> yes. a trial like this takes three or four times as long as a trial with lawyers defending the defendant. jon: it's a death penalty case. one of the officers impaneled has expressed reservations about the death penalty. he says it's a high mark for me to put someone to death. >> that is not uncommon from jurors. i have heard that. the question is, is it

impossible for you to put someone to death. if he says yes, they're not qualified to be on the jury. if the person says no, it is just a high mark, i would demand the most stringent of evidence, guess what? that is what the court will tell them to demand this particular person, and again major nadal defending himself allowed him on the juror, this person with qualms about the death penalty is an appropriate juror in a death penalty case in my view. jon: this has taken four years. the government is calling it a work place violence. it is not terrorism. what about his an ticks in the courtroom, and if he talks about defending islam and that kind of thing? >> well there are no cameras in the military proceeding there are no cameras in any federal proceeding. the jurors, though, the jurors are professional military people. i don't think this will resonate with them. i think it will be counter productive. i think they will be a able to overlook it. i think the judge will be able

to restain him if he does it. it would be unsightly if it were tell sized and we see that and listen to it. i don't think it will affect the ultimate outcome of the case. the evidence of his guilt is overwhelming. the elements of first-degree murder, murder, capital murder with death penalty are clearly met. it is just a question of presenting it in a fair environment for the jury. jon: let's turn our eyes to another legal topic in the news these days. the attorney general eric holder says his department will look at the george zimmerman case to see whether there might be federal charges that could be filed against that guy who has been acquitted in the, on the second agree murder charges in that florida courtroom. now, just first of all, your thoughts on that, the attorney general expressing that? >> well, i think the whole reason that george zimmerman prosecuted in the first place because the crowds, the mobs, demanded it. so now the government, the federal government, after the state government tried him and did a lousy job. shouldn't have tried him.

tried him for a charge they ought to know they couldn't convict him of. now the federal government will review this case because the mobs are demanding it? the federal government already reviewed this case. the fbi interviewed between 30 and 35 people. they went back to zimmerman's youth as a child. their conclusion? he did not do it for racial hatred reasons. no evidence that he is a racist. end of story. i don't know where holder will go from here. jon: attorney general was talking about stand your ground laws and in front of the naacp, for the state of florida to get rid of it. stand your ground didn't come in as his defense. >> that is a state law. that is opinion of a private citizen if anything. jon: most of the state law was left, the framers of the constitution left criminal law up to the states. >> yes. in fact, murder is not a federal crime. but the feds can charge you with murder if they believe they can prove to a jury that you did so because you hated the race of the victim. there was no evidence of that in

the trial in florida. and the fbi has ruled it out. so the feds are probably just responding to pressure from political groups and that is not a basis for deciding whom to prosecute. jon: we'll see what eric holder and the justice department decide to do in this case. judge andrew napolitano. always good to have your expertise. >> pleasure, jon. jon: jenna? jenna: this is a question for you, jon, and maybe the judge too. are awe mosquito magnet, either of you gentlemen. >> yes, yes. from the garlic i eat. jenna: jon? jon: i read a little bit of your packet. i have type-a blood. ab blood. they don't like that as much. jenna: don't give too much away. who the summer spoilers are apparently most attracted to. apparently the judge. maybe you can avoided being their next meal. you may not like the advice. we'll tell you about it. a look at a big arrest in mexico. the leader of a brutal drug cartel is captured. what it could mean for the country's bloody drug wars and

the violence to our south.

jenna: new next hour, shocking claims of sexual harrassment putting pressure on the mayor of san diego to step down. how he is now responding. plus the yemen-based branch al qaeda announcing their number two man was dead. how he was killed. how this fits into a broader conversation about gitmo and surveillance and everything else. is the accused killer of women and children getting rock star treatment? the fallout after "rolling stone" magazine put boston bombing suspect dzhokhar tsarnaev on its cover. we'll take a closer look at that choice and everything else involved. >> well they can really suck the fun right out of summer. we're talking about mosquitoes of course. a study shows one surprising culprit when it comes to attracting these pesky bugs and it might mean, yes, putting down that cold one. rick folbaum live in the newsroom with that report.

rick? >> reporter: all right, no one likes getting mosquito bites of course, jon. if you happen to have a run inn with a mosquito carrying west nile virus you're considering something much worse than a itching bump on your skin. smithsonian magazine started out to find who is the most attractive people are to the bugs and why. they like beer drinkers. maybe something to do with the alcohol secreted in our sweat when we drink beer or maybe the mosquitoes like beer, whatever. smithsonian magazine says the beer consumption doesn't make you more likely to get bitten but here is what does. if you have type-o blood, you're twice as likely to get bitten than someone with type-a like you jon. if you have a high body temp. you're a likely mosquito target. if you're big they're coming for you. and if you're pregnant, you're device as likely as someone who

is not pregnant to get a mosquito bite. we don't know about garlic, so the judge is off the hook but increase getting bitten, if you wear black, dark blue or red, since mosquito look around for your victims an can spot you better if you're dressed stand out in your surroundings. jon: camouflage. >> exactly. blend in. jon: sound good. rick folbaum, thank you. jenna: new questions about mexico's long and bloody drug war that certainly filled into the united states having an effect here at home. this is following the capture of one of the country's most notorious and brutal drug lords. so could it be the beginning of the end of the drug trade's violent grip on mexico? that is a big question today. michael braun, former chief of operations for the u.s. drug enforcement agency. we'll get to him on the phone. we have joined by nicholas casey, with a front page article in "the wall street journal" about this very topic. nicholas, you're coming from

mexico. how big of a deal is the capture of this man? >> in terms of headlines in mexico that is all you're seeing right now on the front pages. that this man was known as, z-40 was captured alive that is rare for drug lords. usually they go down you with a fight. is that the big question you will not see drugs going north? main answer is probably no. getting rid after chief of a drug cartel doesn't mean the drug flow falls apart. drugs are a business. if the ceo of the business disappears he has a lot of lieutenants and other people that take over to manage the business. with this guy gone that's good news for the government in terms of being able to explain to the people that they're making some progress here. that doesn't necessarily mean that ends drugs in mexico. jenna: that is interesting you made that point about the cartels franchising, if they will, as part of their organization. in your article, there is

another part of the article i want to ask you more about, you said specifically when this gentleman was caught, maybe i shouldn't call him a gentleman. let's call him the drug cartel, boss, right? his capture was aided by a helicopter provided by the united states and the mexican marines why actually trained in america as well. there have been a lot of differing point of views about the relationship between mexico and the. >> and where it stand when it specifically comes to security concerns. how would you characterize the nature of that relationship now? >> well, i think the relationship's pretty good compared to how it was say, 10, 15 years ago. there was a time on security issues, even though the u.s. and mexico share a border you wouldn't call mexico if you were in the u.s., or vice versa. the american guy might be afraid the mexican guy was corrupt and mexico guy wouldn't have the relationship to calm someone overred border there.

that relationship has changed. helicopters, money, training to mexico. more importantly mexico is taking that, using that. with this bust the fact that this helicopter was used, it was an american black hawk, and the fact that the guys who were responsible for the arrest, the marine guys, were trained in the u.s. is assuring that okay you can point to some pretty concrete proof that this program is -- jenna: sure. i want to bring in michael braun. you have some experience, of course, michael, in this area. are we following any specific model here? for example, is this a model that we used when you look at organized crime in trying to get the mafia out of different cities in the united states? are we using the model how we combat terrorism? what model is actually working here and is this a sign that we're being successful, that we're making some inroads? >> well, i mean i think that we're making a lot of inroads and i believe if there was one model to use as annalgy or an example it would be the model of

plan colombia. if you look at colombia where they were at 20 or 25 years ago with the super cartels in the way of med today lien and cali cartels and what the country was faced with. the attacks on the supreme court an explosive device on an avianca airliner. colombia was facing the same problems that mexico is do. if you look at colombia they have enormous success. i will not say they're out of the water yet. they're not. there is still a lot of fight left in the smaller cartels that have arisen and there is fight left in the revolutionary armed forces of colombia. that is designated world terrorist organization as the world's largest drug trafficking cartel. the point i'm trying to make here, the smaller cartels that

grow out of completely dismantling the larger super cartels are much easier to manage by security forces and they don't, they don't present a threat to the security of the state itself. jenna: i only have about a minute here but we have talked about franchising when it comes to al qaeda, for example and how that creates a further obstacle in our war on terror according to some but you're telling us this franchising may be a way that we're seeing weaker units and we can go after those weaker units? >> jenna, exactly. they're weaker and they're more manageable. you can manage them and you can keep a lid on them. look, we've been fighting organized crime in our country for over 80 years and it hasn't gone away but we, i believe we do a better job than any other country in the world at managing it and keeping a lid on it. that's what we hope mexico can get to much like colombia has. jenna: we don't want to oversell this victory but it was something that got our attention and we wanted to talk a little

bit more about it. nicholas, michael, look forward to having you both back. appreciate the time very much. >> thank you. jenna: we'll be back with more "happening now" what makes your family smile? backflips and cartwheels. love, warmth. here, try this. backflips and camm, ok!s. ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching.

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jenna: we just received some new information on the sudden death of a big tv star, growing star. millions of fans know cory montieth from his role in the fox hit show, "glee." julie banderas joins us. >> they made it official, the cory montieth's cause of death, mixed drugs toxicity, mostly with heroin and alcohol. a saddened to this talented actor's life. >> there are reports that mr. monteith died of mixed drug toxicity involving heroin and alcohol. the results released by the coroner's service support findings of our investigators

and their beliefs upon initial examination that there was no foul play and that this was an overdose and a tragic accident. >> police believe he had been dead for several hours before a hotel employee discovered him in his hotel room. police say the preliminary coroner's report didn't didn't indicate the levels of drugs in his system but it was believed he was alone when he took the heroin and the evidence found in the room was consistent with drug overdose. he had struggled for years. he in march went to a rehab facility for help with his addiction. his real life girlfriend lea michelle who stood by monteith's side during his real struggles. a statement released by her publicis, lea is great if you recall for all the love and support from family, friends and fans. we are grieving alongside his family and making appropriate arrangements with them. they are supporting each other as they endure this profound

loss together. we ask and continue to ask the media to respect the privacy of lea and corey's family. meantime, monteith entertained millions of fans on fox's "glee" as eager football player turned performer, finn. it is still too early to tell how the show will address his tragic death. jenna? jenna: julie, thank you. >> sure. jon: nsa leaker edward snowden revealing new details on his future travel plans and what russia's president has to say. also, if at first you don't succeed house republicans are trying once again to roll bakke provisions of the affordable care act. a look at today's hearing on capitol hill. plus the latest political fall out ahead.

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jon: a fox news alert on the newt of what even the president has come to call obama care. we're live on capitol hill awaiting the vote on two bills

that would delay two key provisions of the health care law. this is far from the first vote on obama care t. marks the 38th time the republican led house has tried to scale it back, defund or kill it. but that's not the only capitol hill action on the issue today. with the house ways and means health sub committee taking up the employer mandate trying to get to the bottom of why the administration has decided it should be postponed. >> some brand new stories coming your way the next 60 minutes including post zimmerman, eric holder questioning whether states even need a stand your ground law. more than half of all u.s. states do. our legal panel weighs in on the attorney general's comments and a combroeing movement to give the mayor of san diego the boot. will sexual harassment allegations force him from office? why would a music magazine put an accused killer on the cover?

controversial new issue of "rolling stone" with the boston marathon bomber." and breaking news. second hour of "happening now" starts right now. jon: welcome to hour two. the n.s.a. leak controversy is also taking center stage on capit capitol hill today. jenna: it's always somehow there in the conversation. jon: in the airport in moscow. jenna: must be tough for edward snowden to be in the airport but rightly so. from russia we turn to d.c. where lawmakers are putting the government's sweeping surveillance programs under the microscope yet again with the house judiciary committee hearing underway. this is not the right hering. that's ben bernanke on something else entirely, the economy. what the hearing was doing, they were asking the question or

lawmakers were asking whether or not congress has let the surveillance go too far and this comes just weeks after n.s.a. leaker edward snowden disclosed classified information about the u.s. spying on the emails and phone calls of americans. he has a real problem with this kind of surveillance. >> why didn't we just tell everybody about it is because the american people would be totally outraged as they are getting now, as they become familiar with this. every phone number that they've ever called is already a matter of record and we skip over whether the collection was a fourth amendment rielgs. we just say that the access proves in one case or two that it was very important.

jenna: that's just a snip pet of the hearing. steve, what is the general tone of the hearing? >> well, as you heard this widespread opposition to the surveillance program and members of the house judiciary committee have different reasons for opposing it. at issue, the secret data gathering by the national security agency uncovered by former n.s.a. technology expert and now leaker, edward snowden. congress has called on the carpet officials from the n.s.a., the department of justice and the office of the director of national intelligence. the committee wants to find out whether the domestic spying was a violation of citizens' rights or an abuse of the government's legal authority. the committee chairman of virginia wondered why the government wanted to keep the program secret. >> do you think a program of this magnitude gathering information involving a large number of people involved with telephone companies and so on could be indefinitely kept secret from the american people?

>> well, we tried. >> i understand. >> and didn't succeed. the program would be better accepted by the american people if it were better understood. jenna: bipartisan issue, both parties have a lot of questions about this, steve, right? so what are democrats saying about the program as well? >> some of them do support the program saying it's a vital tool for identifying and capturing terrorists and others say the collection of the information itself is an abuse of power regardless of how it's used. >> we're not talking about the use. the abuse of the statute, the abuse of civil liberties, the abuse of privacy is not only misused but miscollected. if you're collecting information about my telephone when you shouldn't be doing that, that is an abuse even if you simply file that and never use it. >> the hearing comes as rush hold of new jersey wants to repeal the patriot act

altogether and the 2t. jenna: thank you very much. there's some developments right now concerning fugitive n.s.a. leader edward snowden. his lawyer says he has no plans to leave russia any time soon and that he's even considering citizenship there as he waits for a response from the russian government about his application for temporary asylum. in the meantime, vladmir putin says he warned snowden against taking any action that could damage russian-american relations saying u.s. ties are, quote, far more important than squabbles about the activities of the secret services. jon: capitol hill taking action on obama care as we wait for two key votes in the house that could delay provisions of the massive health care law. it's the 38th time the g.o.p. has tried to eliminate, defund or scale back the program since control of the house in 2011.

all this comes amid a house hearing on what sparked the delay of the employer mandate in the first place and it got pretty heated. listen. >> this isn't supposed to be that tough. you're not making the representation that the employer mandate is going the way it's supposed to. you're not saying that, are you? >> congressman, this is a very ambitious legislation. >> but it wasn't supposed to be like this, right? it wasn't supposed to be that there was a release of a blog post that said it's going to be delayed so you're not going down that cul-de-sac. jon: joining us is the managing ed tore of "the hill." we know the administration wants to delay the implementation of the employer mandate. what is the house hoping to gain by essentially endorsing that proposal? >> republicans are going on offense here.

the employer mandate delay is embarrassing for the white house and remember, the bill passed in 2010 so they've had years to put this together. it's very complicated and the white house has said we would rather do it right than just do it soon. so the republicans' interesting argument here is that democrats are beholden to special businesses and republicans. they're saying, well, why delay the employer mandate but not the individual mandate? so what republicans are doing today on the house floor, they're going to try to have an even keel where they see if ear going to delay it for employers, also do it for individuals. even though the obama administration has delayed the employer mandate for a year, the bill that would do that, the house republican bill that would do that was -- that white house has threatened to veto that legislation. they say it's unnecessary. republicans say they're going to give the authority to the president because he overstepped his bounds by even doing it without asking for congress'

permission on it. jon: the president is supposed to enforce the laws that congress passes. that's one of the arguments. we first -- well, not first but some early indications this thing was not going too well came when senator boccas had this to say in mid april. listen. >> i tell you. i just see a huge train wreck coming down. you and i discussed this many times. i don't see any results yet. jon: and so then, according to some headlines we've grabbed, it went this way. senator harry reid said more funding needed to prevent obama care from becoming that train wreck. that's what you reported on may 1 of this year. then part-timers to lose pay amid health act's new math from the l.a. times. also in may. like your health care policy? you may be losing it said the associated press on may 29. and then the union lead --

letter from union leaders, more restaurants will replace full timers concerned about insurance. that also from the journal a couple of days ago. the press on this thing, bob, is not looking good for the administration. >> no. it's not looking good, john. when you have one of the authors saying it's going to be a train wreck, it's not a good situation. so far in implementation, it's so far, so bad for the administration. now, they have some time. enrollment starts october 1 and all these other issues, whether it's benghazi or the n.s.a. or even i.r. schl, i think that if obama care implementation goes very well, that's a boom for democrats in the 2014 election f. it goes badly, that will be active at that time in the fall of 2014 and that could help republicans win back control of the senate if it is, in fact, a train wreck. jon: republicans or cynics or whatever have said that part of the reason they believe the administration wants to delay the employer mandate

implementation is because it's going so badly and they don't want democrats to get hurt at the ballot box. >> yeah. that's right. i talked to a couple of republicans months ago and they privately predicted that there would be some type of delay until after the elections and, you know, if that proved to be accurate, because they don't want obama care to hurt the economy and to hurt jobs and that was the threat that businesses came to the white house and said, listen. we're going to have to make our full time employees part time. it's going to be a problem and that obviously could be a fiasco in election years so the white house made the call, let's delay it for a year until after the elections. jon: that's some same concerns that the unions are expressing. bob, thank you. jenna: now an update on a story we first told you about yesterday. pressure is mounting on san diego's mayor to resign after allegations of groping and harassment. rick is live with the latest on this. >> those who want bob filner out as san diego's mayor are

considering a recall that would force him from office. we've been following this story that centers on claims that he sexually harassed a number of women, including a city worker and a campaign volunteer. now, no one has officially filed any kind of a complaint against him but the accusations were made public in a press conference a couple of days ago when one of the alleged victims' attorneys described how the mayor would allegedly hone in on his targets using what he said has come to be known as the filner head lock. listen. >> the woman believes that the mayor just wants to talk to her and gets pulled away from the group where she can't be overheard or he can't be overheard. and then he begins, as donna mentioned in her story. are you marry snd have you got a boyfriend? he'll oftentimes pull them in close to his face and say you're wonderful, you're beautiful. i want to kiss you. his goal is to get them out of the way and he says things, come

on. you know you love me. just give me a kiss. let's go up to my office. no one will know. >> these are just accusations and as you may have seen in the videotape, there are people who are still continuing to back mayor filner and he's showing no signs of stepping down voluntarily, though he did put out a video the other day where he said his treatment of women has at times been inappropriate critics do launch a recall effort, jenna, they have 39 days to collect more than 100,000 signatures from registered voters in san diego. if they don't get that number, then they can have an additional 30 days to try to get them. back to you. jenna: so interesting. still allegations at this point. no official complaints, no official start to a lawsuit. it's an interesting story, rick. thank you. jon: take you to ohio. he faces nearly 1,000 charges that could put him away for many lifetimes. what we're learning about the case against the man accused of

subjecting three women to his house of horrors for a decade or more. plus another terrorist bites the dust. a senior al qaeda leader reported killed in a u.s. drone strike. we'll talk about what it means to the terror group. i'm here at my house on thanksgiving day, and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore. has oats that can help lower cholesterol? and it tastes good?

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jon: wall street is reacting to the latest comments from chair ben bernanke. a live look at the dow now up about 27 points as ben bernanke addresses congress. he said the fed could begin scaling back some stimulus programs by the end of the year if the economy shows continued signs of strength. but ben bernanke warns the job market needs to grow significantly before he takes that action. two weeks ago ben bernanke rattled the markets when he suggested the feds could wrap up

the ---ed fed, i should say, could wrap up the bond buying program by the middle of next year. jenna: the man accused of running a house of horrors in cleveland is back in court today. ariel castro is his name and you see him on the screen. he's arraigned on nearly 1,000 charges, including the rape and kidnapping of three women who say he held them captive in his home for decades. subjecting them to unspeakable torture and abuse. here is the latest for us now. >> jenna, 9,000 years is what ariel castro is facing if he's convicted. earlier today, just this past hour, the former school bus driver pleaded not guilty to the 977 charges he's facing. just as every other time we've seen him in court, he walked in had his head held down, eyes down and avoided eye contact

with anyone in the courtroom. this time the judge ordered him to open his eyes and look up at her while she reviewed the charges. >> mr. castro, again, you must look at me, sir. can you open your eyes, please? at this time, it is my duty -- sir, please keep your eyes open so i make sure that you are listening to me and understanding what i'm saying. okay? >> castro's trial date is set for august 5 but his defense team has been pushing for some kind of a plea deal to avoid going to trial. following today's hearing, castro's attorney discussed -- they've been in on going discussions with the prosecution on some type of plea deal arrangements but insisted that any agreement would have to not involve the death penalty. >> whether the prosecutor's office wants to continue to engage in any sort of rhetoric about their desire to continue to contemplate on the death

penalty in this instance, we can't control that but what we are doing is looking forward to the resolution of this matter, to spare the women of having to provide any details of these horrible events to the world at large and so that's our goal at this juncture. >> special committee began meeting last week to discuss whether or not the prosecution will seek the death penalty. prosecutors have said that's an option and the next pretrial hearing for ariel castro will be next wednesday, july 24, and that is just about a week and a half before his trial date is scheduled for august 5. jenna: we'll continue to watch how this develops. thank you. jon: we are also following an important hearing on capitol hill. this as the house judiciary committee takes a look at the sweeping n.s.a. surveillance programs revealed in part by the leaker edward snowden. breaking details on the

questions these house law headache -- makers are asking next. crews battling a massive wildfire out west. already it's torched several homes, threatening dozens more. will the weather help them out?

jenna: some are calling it a major blow to al qaeda in the arabian peninsula. there's a whole lot of attention. the group is confirming today that a u.s. drone strike killed its number two guy. he was also a former prisoner at guantanamo bay who, after returning to yemen, apparently survived an earlier drone attack. it's tough to know about this

stuff. k.t. is our fox news national security analyst. number two guy, the group says yes, he's dead. >> that's a good deal. any time you kill an al qaeda terrorist, that's a good day. however, i look at that and i say, wait a minute. isn't al qaeda supposed to be finished? isn't it supposed to be decimated? if you look around the globe, al qaeda is in more places and stronger than ever before. we now see yemen. that's really the new headquarters of al qaeda. that's where the inspire magazine came from. al qaeda is the leading rebel group in syria. al qaeda set up shop in the sinai peninsula, in egypt. al qaeda is in africa. jenna: affiliate of al qaeda, we wonder what degree are they connected to al qaeda. why yemen? we hear about the drone strike.

>> yes. jenna: why is yemen still the place where al qaeda likes to set up shop? >> it's an ungovernable place. the president of yemen is really not a president. he is a jugular. there's a lot of wide open spaces in yemen where they can operate from. two, it's where a lot of the american affiliates were. it's right next to saudi arabia. its location is key. it's on the saudi peninsula. jenna: if i could jump in there, when he was released from guantanamo bay, he first went to saudi arabia and then came to yemen. >> this is the crown jewel. if al qaeda initially was formed because it wanted to go after the kingdom of saudi arabia and topple the monarchy, when they couldn't do that, they moved to afghanistan and then launched attacks against the united states. their goal or one of their main goals is still the crown jewel,

the kingdom of saudi arabia and the oil money. jenna: the way we frame the conversation is so important, the way we understand it. >> yes. jenna: when we talk about an al qaeda affiliate, it's different than when we say we killed al qaeda. are we using the right words? when you say affiliate, it almost sounds like an off shoot, not necessarily the bad guys. but is it? >> remember disney world and disneyland? disneyland was founded 30, 40 years ago in california. that was the first one. but it's now really been eclipsed by disney world in orlando, florida. that's what yemen is. the osama bin laden place is now not as important, although al qaeda is now back in afghanistan. but the real action, the crown prince is coming out of yemen. jenna: i'm going to ask disney what they think about that. a final question here. we have the big n.s.a. hearing on capitol hill today and according to the reports, this guy in yemen was killed when he was talking on his cell phone.

there's no connection to any surveillance program? we don't know anything about that. because surveillance is a hot topic right now, how do you see the issues working together as far as our surveillance abilities and their effectiveness? >> we would not be worried about the n.s.a. leaks if this was in a different context. i talked to somebody who is in charge with medidata. they store the records and then if they find a terrorist, they want to recreate conversations. who was he talking to two years ago, three years ago? maybe it wasn't just to mom about groceries. maybe he was talking to somebody in yemen, in benghazi. that's why, for example, remember when the boston bomber, they got the cell and they wanted to go back and recreate who the guys talked to? that's why it's useful. the problem is we don't have a lot of confidence that the government is doing what it says it's going to do. jenna: the rationale makes sense to some, raises questions to

others. we'll continue to watch the story out of yemen and al qaeda. k.t., thank you as always. jon: k.t. just mentioned the dzhokhar tsarnaev and his brother and there's new fallout after rolling stone magazine gives the surviving suspect, dzhokhar tsarnaev, the rock star treatment. rick has that. >> usually you have to have a new album or a new movie coming out in order to get yourself on the cover of rolling stone. apparently the magazine's editorial policies have changed. the selection of the august cover boy, dzhokhar tsarnaev, has generated thousands of negative comments on the facebook page for those who think that they're giving the accused murderer rock star status. one commenter said it's wrong to make celebrities out of the people. one suggested that the man who lost both of his legs should be on the cover instead. the headline says the bomber, how a popular, promising student was failed by his family, fell into radical islam and became a

monster. no response from rolling stone on the controversy the cover is generating. dzhokhar tsarnaev has pleaded not guilty to 30 counts related to the april bombing which killed three and injured more than 260 others. back to you. jon: let's hope he doesn't sell magazines, his picture on the cover. thanks. jenna: attorney general eric holder sparking new reaction today after some controversial remarks on stand your ground laws. there are stand your ground laws in a variety of different states around the country. what it means for the george zimmerman verdict and what it might mean for your state as well next. what are you guys doing? having some fiber! with new phillips' fiber good gummies. they're fruity delicious! just two gummies have 4 grams of fiber! to help support gularity! i want some... [ woman ] hop on over! [ marge ] fiber the fun way, from phillips'.

jon: happening now, there's now reaction after attorney general eric holder's remarks on the george zimmerman trial. and an naacp event yesterday, mr. holder condemned so-called stand your ground laws. he's calling for a review of the statute on the books in florida and more than 30 other states that allows people to stand their ground pretty much anywhere instead of retreating if they believe it's necessary to prevent death or great bodily harm. listen. >> it's time to question laws that senselessly expand the concept of self defense. jon: joining us, criminal defense attorney and a former

prosecutor, criminal defense attorney and former u.s. army jag. welcome to both of you. >> thank you. jon: tom, this wasn't a stand your ground defense. why is the attorney general bringing it up? >> i think the attorney general is bringing it up for the same reason we constantly hear about racism. even though there was no evidence introduced the trial that george zimmerman acted out of a racist motive. it's something that the average person out there who may not understand the nuances of the law can sink their teeth into. what this trial was about was an individual's inherent right of self defense that goes back not only to the start of our nation but back to english common law, back to roman laws. one of the principles of common raw and it's been codified and statute in every one of our 50 states. if you reasonably believe that you're under attack, you have an inherent right to use reasonable force to defend yourself. reasonable minds can differ

whether zimmerman believes that and whether he was justified but that's an issue for the jury. not for eric holder and naacp conference. jon: the states were the laboratories of laws. the federal government was not given a lot of power to enforce criminal laws because that is what the states are supposed to do so why is the nation's top federal law enforcement officer opining on what the state of florida he thinks ought to do? >> i think that's exactly right. eric holder has no business to tell the states what they should do. the states can decide by themselves very well what they want to do and they have their own practices and procedures to determine what's in the best interest for their state. eric holder doesn't -- he has, i guess, the ability to influence because of his political position but he certainly doesn't have the right to mandate that any state looks towards a changing or stand your ground statute. it is solely up to the states to

determine what the states should do about their own criminal laws. i think he was just trying to answer those who are looking for something positive to come out of the zimmerman case and so i agree. you know, he's answering the constituents and the outcry from those who thought that there was an injustice done by the verdict. but really, stand your ground had no place in the trial and i agree with tom. this is -- you know, this is just done to satisfy those who have an outcry but there's nothing real that's going to come of them. jon: the testimony was that george zimmerman is lying on the ground getting his head bashed in by a larger and stronger and younger opponent, you know, getting hit accident mixed martial arts style, got his nose broken in the process. where is he supposed to go, tom? what is he supposed to do? >> well, and that's exactly why stand your ground can't play

into this case. there was no legal theory regarding a duty to retreat introduced by either the prosecution or the defense. again, you don't -- no one has to agree with the zimmerman verdict. there's a reasonable view of the evidence that is contrary to what the jury found but merely because you don't agree with the verdict, merely because you don't believe the finders of fact, the jury in this case got it right is not justification for rewriting our law. you know, the problem with legislatures, the problem with government in general is they're inherently reactionary. we name laws after victims. terrible idea. what happens is you create a reaction and politicians say i can't -- i don't agree with this but i can't vote against so and so's law and he creates reactionary law which is a terrible, terrible idea in most

situations. >> and sometimes you have -- right. sometimes you have unintended consequences that come from what some believe was a good idea to pass a law and some consequences aren't felt until years later. so i agree. bad cases make bad laws. jon: thank you both. >> thank you. jenna: underway right now on capitol hill, the confirmation hearing for samantha power, the president's pick to represent the u.s. at the united nations. her view on when america should intervene in foreign conflict is stirring a lot of reaction. our chief national security correspondent is live from the pentagon with more on this. >> hi. samantha power was asked what she planned to do if the u.n. security council continued to block efforts by the international community to intervene in syria where more than 100,000 people have been killed. >> the president needs to make jms about when to use military force on the basis of u.s. national interest. i think what we found in history is that there are times where we have to work outside the

security council because the security council doesn't come along, although presidents believe it's in our national interest to act. there are times when we find it beneficial, of course, to have security council authorization. >> power, who was nominated by the president, described the lack of u.n. security council action on syria as a disgrace that history will judge harshly. she won a pulitzer prize about her writings of u.s. failures to prevent genocide. she had the president's ear when he decided to intervene in libya to help overthrow muammar qaddafi. >> there's absolutely no doubt there are risks in any policy at this stage and there are fairly high risks, in fact. we're already seeing the beginning of an al qaeda movement really do pretty well in syria, unfortunately. >> powers' appointment may signal a different foreign policy in syria in particular

but right now congress is united in blocking funding that will allow u.s. to send arms to the rebels because the administration has not provided a plan to keep the weapons out of the hands of al qaeda. pakistani taliban denied overnight through a spokesman that it was sending fighters to syria but the growing vacuum in syria is allowing al qaeda and iran to send fighters to take part in what is becoming a proxy war between sunnis and muslims. jenna: big story we can't ignore. thank you. jon: did you know this? it kills more people than breast and prostate cancer combined every year. what you need to know about a disease that doctors call the silent killer coming up. half of america in the grip of a dangerous heat wave. can we ever expect a cooldown? we'll get into it coming up.

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jenna: surprised us when we found out that this disease kills more people than prostate cancer and breast cancer combined and you probably haven't gone on charity walks or donated money or heard of it but we're talking about kidney disease. doctors call it the silent killer and they say it shouldn't go undetected in so many americans anymore. we'll talk a little bit about it with a physician with n.y.u. medical center. the silent killer? why talk about it that way? >> i know. that's a -- jenna: it's a little intimida intimidati intimidating. >> it's an anxiety provoking word. patients that have early kidney problems are going to be asymptomatic. you would not know it. once the renal unsufficiency or the kidney disease progresses, then you start to have some symptoms relating to disfunction of what the kidney is supposed

to do. jenna: then are you too far along to do anything about it? >> no. it can be picked up in a routine lab. if you're at the point where you're having significant symptoms, could you be at the point of no return? possibly. but let's say you're having some symptoms of kidney disfunction and this would all relate to an abnormality of the function of what the kidney normally does, which is to regulate electrolyte and water balance and get rid of waste. jenna: just for context, about 90,000 americans die every year from kidney disease. for comparison, 40,000 women die every year because of breast cancer. but we hear a lot about breast cancer. "new york times" profiles a gentleman who went to his doctors feeling a little sluggish and the doctor realized he has high blood pressure. we'll watch what you eat, do all of these things. they never tested him for any sort of kidney issue. is that something that our

viewers should be asking about? you know, if i have high blood pressure or just part of a yearly checkup? >> right. and high blood pressure, diabetes, obesity, smoking, inactivity, these are all risk factors for chronic kidney disease. it can be screened by a very simple test. a blood test which can check your timent of how well the kidney is functioning. it's a g.f.r. and a urine test. even dipping a urine, a urine dipstick and checking for protein in the urine. jenna: you would know if there's more to explore. >> exactly. jenna: when we say a silent killer, don't overreact but be aware. >> if you're a healthy person who is not taking a ridiculous amount of over the counter anti-inla anti-inlamb -- anti-inflammatories, the average person shouldn't be worried. the type of risk factors we discussed, diabetes, hyper

tension, chronic urinary tract infections or enlarged prostate, a medical condition that may give you awareness, you don't need to be worried about it, per se. routine one blood test a year is enough to screen you for that and certainly checking your blood pressure. jenna: that context is important. thank you so much. great to see you as always. jon? jon: extreme weather alert. millions are suffering right now in a dangerous summer heat wave with advisories and warnings in effect from the midwest to the ohio valley all the way to the east coast. new york city, blistering temperatures causing a city council intern to collapse. that happened during a news conference by a mayoral candidate. fire department also taking criticism after the young woman waited nearly 30 minutes for an ambulance. rick is live in the fox extreme weather center. >> i'll tell you what. it's just hot out there but not really as hot, just how long it's going to be hot. we're dealing with about a seven-day heat wave for a lot of

people. temps have been hotter. today they're in the mid 90s across the mid atlantic and northeast and back around the ohio valley buttist humid so factor that in and a lot of areas will be flirting with 100 today. maybe just over 100. because of that we have all kinds of heat advisories out there, places from back to minnesota and in towards michigan. it will feel like around 100 and feel like we're around 100 to 105 around the philadelphia area and new york city. it's a prolonged event. that's why it's problem at i believing -- problematic. it doesn't cool down at night and the next day remains very, very hot. here is what we'll start to see. some storms we're going to see could be severe across the far northern plains today and this is a cold front that could move through here. thursday more storms and friday in the eastern great lakes and saturday get ready. the big city is very stormy day. good news is behind that, temps will drop back down a little below average for almost everybody. sunday and monday, much needed

relief for almost everybody. out across parts of the southwest, we have another story to tell you about. actually here you go. more high temperatures the next three days. relief comes by the time we get toward saturday and sunday. across the southwest, we have big storms and some of this is causing big time flooding. this area of eastern new mexico and western texas, some of those areas, maybe three to five inches of rain. that means we have flooding concerns here. this area is the worst of the drought than we have anywhere in the cannotry. they'll take it even though it means too much too quickly. it will help refill the reservoirs and all the ranches are mighty happy right now. jon: thanks. jenna: weather related, one recent wildfire out west raising some serious new concerns about the price tag for defending and rebuilding homes in areas where forest fires are common occurrence. we take a closer look next. man: the charcoal went out already? ... forget it. vo: there's more barbeque time in every bag of

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jenna: out of control wildfire destroyed at least serve houses and is threatening dozens more. mountain fire is burning just west of palm springs, california. there are more than 2,000 firefighters on the front lines and the size of the fire doubled overnight. flames are now covering a 14 square mile area, just 10% contained so a lot of concern about this particular fire. some areas have not burned in 35 years and they're covered in dry vegetation. that's a bad combination for folks at palm springs, california. jon: and we're just getting the price tag on the black forest fire in colorado last month. insurers think it caused $300 million in damage. nearly 500 structures burned. it's all raising new concerns about the trend of building homes in forest lands where wildfires are not just a threat but an inevitable part of nature.

>> hi, jon. folks are already starting to pull permits to rebuild from the black forest fire in colorado springs. i'm standing in the nearby waldo canyon burn area. you'll remember this fire from last summer. this actually held the record for the most homes destroyed in the state before black forest. this is just one of those homes. 70 homes have so far been rebuilt and it's very hard hit subdivision. 10 more are on the way. out of the 300 that were destroyed here and they're not alone because a lot of homeowners have made this choice to live in the wild land urban inter face. here is kelly campbell. she's a member of the insurance industry who was also on the state's wildfire task force studying this very complicated issue. >> 40% of all new development in colorado is taking place in this wildland, urban interface and by

2030 we estimate the number of people who live there will increase by 300%. >> campbell points out this matters even for people who don't live on the edge of the wilderness because it impacts our air and water quality. much of our water supply comes from the areas that have ash runoff. as we try to protect homes, trees and underbrush which are ignition sources spread the fire hotter. the colorado state university professor says we have gotten caught in a fire suppression cycle the last 100 years. >> i think that the choice to not suppress a fire in a wildland, urban interface environment is just socially and politically un-tanable. i think we always will have to suppress the fires. >> because of this fire, the

fire code has changed so folks can continue to rebuild but the materials will have to change. jon? >> thorny issues there. thank you. jenna: a scientist unveiling a big discovery about one of the most fearsome creatures to walk the earth. the details of t-rex millions of years in the making next. ♪

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take a look at that guy, right? or girl. >> scary. even t rex now and then. we have proof now. scientists in florida unveiling an amazing discovery. it's a t rex tooth measuring 2 inches tall 1 inches wide. it was inside a dino that johnny

can pronounce. scientists say it proved that t-rex famed for massive jaws, hunted its prey as well as salveningisalve eni scavenging. >> what did it do with the tiny arms? >> "america live" starts right now. a fox news alert. two big stories breaking from washington. first, members of the congressional black caucus moments ago saying without a doubt the civil rights of trayvon martin were violated in their opinion by neighborhood watch captain george zimmerman. they are right now heading into a meeting to decide what they should do about that. interesting developments here in d.c. welcome everybody to "america live." i'm martha mccallum in for megyn. and people are awaiting the arrival of the royal baby still. >> i'm in